Victor Scale Co. v. Shurtleff’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The easy, expeditious and simple course for the plaintiff then to pursue, if the allegations in his petition are true, as we must believe, was, to issue a capias ad satisfaciendum, the effect of which would be, to compel him to surrender the property he is charged with concealing, for the. benefit of his creditors; or, on failure to do so, be committed to prison, not because he owes a debt, but because of his attempt to evade the payment of it. This is a fraud, and for such fraud, if proved, imprisonment would follow. “ . . . This proceeding is special, sui generis, and is never allowed when the necessity for the writ does not exist. We see no necessity for a resort to it, inasmuch as by proceeding at law in the court in which the judgment'was rendered, a complete remedy can be had, much more prompt and efficacious than the one now sought. We do not think a court of equity should interfere when a court of law, or legal process issued by such a court, can afford the party relief as ample and speedy as he could obtain in equity. What is to hinder the execution of a ca. sa. to its ultimate results, and in what respect will its execution not be as ample and as efficacious as the writ of ne exeat?””

   1 later decision quote this exact passage · from the majority
   e.g. 343 Ill. App. 447 - Earles v. Earles